Armored car guard guilty of killing partner / Slaying during robbery could lead to execution for San Ramon man

Published 4:00 am, Wednesday, September 5, 2001

A former armored-car guard could face the death penalty after being found guilty of first-degree murder yesterday in the slaying of his partner in what a prosecutor said was part of a scheme hatched on a Caribbean cruise.

Thomas Wheelock, 24, of San Ramon showed no emotion as the jury returned its verdict after deliberating for several days at the end of a monthlong trial.

The panel found that Wheelock killed Rodrigo Cortez, 30, of Pittsburg on Nov. 24, 1997, in the commission of a robbery, a special circumstance that could lead to Wheelock's execution if the jury decides for the death penalty later this month.

Ogul said his client will almost certainly die in prison. "The question is will it be by natural causes or by execution," he said.

Both sides had agreed that Wheelock killed Cortez, a husband and father of a young son, with three shots to the neck and jaw. But from there, the opinions diverged.

Anderson, who leads the state with the number of death-penalty convictions, said Wheelock prepared a 10-page "manifesto" outlining his plans during a Caribbean vacation with a friend.

But Ogul maintained that his client never intended to kill Cortez and just "flipped out" when he was castigated by his partner as they made deliveries in Oakland for Armored Transport of California Inc.

Anderson showed jurors the document that he said outlined plans to flee with the stolen money to Canada, learn to speak foreign languages and become an international assassin.

But in his closing statement, Ogul said the document was not a criminal script but rather a rambling note that featured ideas from movies like "Grosse Pointe Blank" and "The Jackal."

Wheelock, who at one time aspired to be a police officer, had a harsh home life, had broken up with his girlfriend and had lost visitation rights to his then 2-year-old son, Ogul said. It was this backdrop that contributed to Wheelock's anger that day, he said.

Wheelock's parents, Gerald and Yolanda Wheelock, declined to comment yesterday as they left the courtroom.

After the slaying, Wheelock allegedly made off with more than $300,000 from the armored car, which was found the next day in San Ramon. Most of the money was found at a Motel 6 in Sacramento. Wheelock was arrested four days later by a Utah state trooper.